Patna High CourtCR. MISC./47909/2026bail rejected

Mira Devi v. The State Of Bihar

2026-07-22Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47909 of 2026 Arising Out of PS. Case No.-63 Year-2026 Thana- KUDHNI District- Muzaffarpur ====================================================== Mira Devi W/O Harivansh Singh Resident of Village- Kishunpur Madhuban, P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner apprehends arrest in connection with Kudhani P.S. Case No. 63 of 2026 lodged on 27.04.2026, for the offence punishable under Sections 123, 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in the court of A.C.J.M.-1st, Muzaffarpur West.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner with allegation that all the accused persons in connivance with each other have provided the poisonous substance to the informant's daughter. Thereafter, the informant's daughter died during course of treatment.

Patna High Court CR. MISC. No.47909 of 2026(2) dt.22-07-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the FIR has been lodged at the instance of the son of the petitioner, as the family dispute in the family for property was going on. Counsel submits that the allegation made against the petitioner is absolutely false and not acceptable. He further submits that the petitioner has clean antecedent and she is ready to fulfill all the conditions whatsoever shall be imposed upon her.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the husband of the deceased (son of the petitioner) is itself witness of the FIR.

6. As such, in the present facts and circumstances of the case considering that the son of the petitioner is the witness of the FIR, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

7. However, liberty is granted to the petitioner that if she surrenders before the concerned Trial Court within a period of six weeks from today then in that case, the Trial Court is directed to pass order on her surrender-cum-bail application on the same day, without being prejudiced by the fact that the

Patna High Court CR. MISC. No.47909 of 2026(2) dt.22-07-2026 3/3 anticipatory bail application of the petitioner has been rejected by this Court, and the Trial Court shall pass order on the merits of the case.

(Dr. Anshuman, J) Divyansh/- U T